.. i
0 0 P Y Case No. RYA-1-E


                        ENPLCYFFS RFPRESrNTEn BP RAILROAD YARDMASTFRS OF AMERICA and certain

                          EASTMP?, TIESTERN AND SOUTHEASTERN RAILROADS with

                    MR. HAROLD 11. WESTON

                      Serving with the Committee and Acting as Chairman thereof


                (S"IAL 730ARD or ajustmwr No. 469)


                  New York, N. Y. - May 10, 1963


PARTIES Railroad Tardmasters of America
 TO and.
 DISPUTE: Pittsburgh. Chartiers AC Yonghioghew Railway Company

 STATE"= Claim that payment in 73m of vacation earned by Yardmaster J. L.
 OF Hayes, Jr.., deceased, by service as Yardmaster in the year 1960
 CL.AMt prior to his death on August 2, 1960, be reads to Mrs. J. Z. Hayes..
          Jr., surviving spouse.


FINDINGS: This claim is presented under Section 2(e) of Article VI of the Sep-
 tember 27, 1961 Agreement. While the pertinent vacation benefit provisions contained in Article VI of that Agreement did not become effective until January 19 1961' almost five months subsequent to the death. of the Yardmaster in question, they clearly cancel asv vacation practice in existence prior to 1961 and prescribe that beginning January 1, 1961, each yard master will be allowed an annual vacation of eighteen (1B) wcvking days with pay provided he has rendered compensated service as yardmaster on not less than 120 days "daring the preceding calendar year" and has 15 or more years of continuous service with the employing carrier.

 We are satisfied that Sections 3 and 2 of Article VI, when read in their entirety,fest an intention to amply vacation benefits to service performed in 7960. The Agreement does not condition vacation benefits on a yardmaster being in service in 2961 and we find no valid basis for treating 1960 in a different fashion than any other calendar year preceding a vacation period occurrinm after January 1, 1961.
The late J. L. Iiayes,Jr. rendered 154 days compensated service as yardmaster during 1960 and bad over 15 years of continuous service with Carrier. Under these circumstances, it is quite evident that he had performed the amount of service necessary to quality for vacation benefits.
 _COPY_

                        2 - Case No. RY,A·1-E


tfe recognize that the queqtion is not free from doubt since Mr. Haves' employment had been terminated prior to the Agreemantls effective date. However, the Agreement does not contain the urovision, found in some contracts, that ex·· uaeasly bars an employe from receiving vacation benefits if his employment bad been terminated before the taking of a vacation. Cf. Fourth T'ivision Awards 1680 and 2681.

 In the ltgbt o! the entire record, we are disposed to follow Second Division Awards 2166' 2231 and 22h5 as wall as Third Division Awards 7336, 7368 and 8267 and hold that Mr. Haves earned the vacation benefits in question by his 1960 service.
DECISIONS Claim sustained:

 CARRIER MIMERB: - Dissenting R"tPLOYES MUMS
 R. W. Pickard //s/ M. Q. Schock
 /s/ E. H. Bats Hallmanla /is/ R. M. Semple
 LBY L. c3. To eson /s/ C. E. Falconer

                    /s/ HC

                          1d M.Westan

C 0 P Y'

 ARTICLE VI - VACATIONS
Effective January is 1961 with the exception of the existing rules that are superseded by Sections 2(a5 and 2(c) hereof, all vacation rules, agreements, understandings or practices however established, covering yardmasters subject to the provisions of agreements in effect between the carriers listed in Exhibits A, B and C attached hereto and made a part hereof, and the yardmasters of such carriers represented by the Railroad Yardmasters of America, are cancelled. Existing rules which are superseded by Sections 2(a) and 2(c) hereof are cancelled effective January 1, 1962. Effective January 1, 1961# except as hereinafter specifically provided the following agreements shall apply to such employeest

 t n carriers where A ement "A," dated November 2, 1950, !I amended, or its
 eqn is~.~n e
        Section 1(a) (1)


        An annual vacation of two creeks (10 working days) with pay will be granted, subject to the conditions set forth in Section 2, to each yardmaster who rendered compensated service as yardmmster on not less than one hundred ten (11n) days during the nreceding calendar year.


        Section 1(a) (2)


        An annual vacauion of Wmea creeks (15 working days) with pay will be granted, subject to the conditions set forth in Section 2, to each yardmaster who rendered compensated service as yardmaster on not less than one hundred (100) days during the preceding calendar year and who at the beginning of the vacation year has fifteen or more years of continuous service with the employing carrier.


On carriers where ement "A," dated November 22, 1 0 as amended, or its
 ~vilent is not in~t s

        Section 1(b) (1)


        An annual vacation of two sleeks (12t working, days) with pay will be granted, subject to the conditions set forth in Section 2,tc each yardmaster who rendered compensated service as yster on not less than one hundred thirty-two (7.32) days during the preceding calendar year.

C 0 P Y .. 2

        Section 1(b (2)


        An annual vacation of three creeks (18 working days) with pay will be granted, subject to the conditions set forth in Section 2, to each yordmmster who rendered cannensated service as yardmaster on not less than one hundred twenty (120) days during the preceding calendar year and who at the beginning of the vaentian year has fifteen or more years of continuous service with the employing carrier.


On all carriers r

        section 1(c


        Calendar days in each current qualifying year on which a yardmaster renders no service as such because of his own sickness or because of his own injury shall be included in computing days of compensated service for vacation qualification purposes on the basis of a maximum of 10 such days for a yardmaster with less than three years of continuous service with the employing carriers a maxiumm of 20 such days for a yardmaster with three but less than fifteen years of continuous service with the employing carrier and 30 such days for a yardmaster with fifteen or more years of continuous service with the employing carrier, provided that no calendar day on which a yardmaster was credited with any compensation under nick leave rules or practices shall be included under this Section 1(c). The

        dmum number of such days that say be claimed by any individual in any calendar year under this and other schedule agreements shall not exceed a total of 10, 20, or 30 days respectively.


        Section 1(d)


        In instances where yardmasters have performed seven months service as such with the employing carrier, or have performed., in a. calendar year, service sufficient to qualify them for a vacation under Section l(a)(1) or Section 1(b)(1), -s the case may be, in the following calendar year, and subsequently become members of the Armed Forces of the United States, the time spent by such yardvwsters in the Armed Forces will be credited as qualifying service in determining the length of vacations for which they may qualify under Section 1(a)(2) or Section 1(b)(2), a$ the case zW be,, upon their return to service as yardmasters with the employing carrier.


          (Note to Sections 1(a) and 1(b): A shift which extends from one calendar day into another shall. be counted as one day 3.n computing, the number of qualifying days referred to above.)

-3-

 Secti on 2(=)) - Effective Jane z, 1962 -

 Local o"ficers of the carrier and local committees of the organisation will cooperate in assigning vacation dates, giving due regard to businlas conditions, availability of a relief employee and to the desires and preferenres of the yardmasters in seniority order.

 S ection 2(b)

        (1) - When vacations are afforded


          (i) - A yardmaster having a regular assignment will be paid for each working day of his vacation the daily compen~ ration (excluding casual or unassigned overtime) of such assignment*


            (i3) - A yardmaster not having a regular assignment will be paid while on vacation an basis of the average straight.. time compensation earned as a yardmaster in the last payroll period preceding the vacation during which he performed service for the number of vacation days to which entitled under Section 1.


        (2) - When vacations are not afforded


        7f a vacation is not afforded, payment in lieu thereof will be mde not later than the first payroll period in January of the following year, computed on the following basis:


            (i) - A yardmaster having a regular assignment will be paid in lieu of vacation the daily compensation (excluding casual or unassigned overtime) of such assignment for the number of vacation days to which entitled under Section to


          (ii) - A yardmaster not having a regular assignment till be paid in lieu of vacation on basis of the average straight-time compensation earned as a yardmaster in the last payroll period during which he performed service preceding the close of the vacation year for the number of vacation do" to which entitled under Section. to


Section 2(c) - Effective jaM ?., 1962 -
A yardmaster who performs service as yardmaster on any day of his assigned yardmaster vacation period will be paid for such service at time and one-half rather than straight time in addition to vacation pay provided in Section 2(b)o
 COPY .4-

 Section 2(d)

 Vacations, or allowances therefor, under two or more schedules held by different organizations on the same carrier shall not be applied to create a vacation, or allowance therefor, of more than the maximum number of days provided for in either of such schedules.

 Section _2 (e)

 The vacation provided for in this ament shall be considered to have been earned when the yardmaster has qualified under qection 1 hereof. If his employment status is terminated for any reason whatsoever including but not limited to retirement, resignation, discharge, non-ceMliance with a union-shop agreement, or failure to return after furlough ha shall at the time of such termination be granted fall vacation pay earned up to the time he leaves the service includixp pay for vacation earned in the preceding year. or years and not yet granted, and the vacation for the succeeding year 3f the yardmaster has qualified therefor under Section 1. If a yardmaster thus entitled to vacation or vacation pay shall die the vacation pay earned and not received shall be paid to such beneficiary as may h-ive been designated, or in the absence of such designation, the surviving spouse or children or his estate, in that order of preference.

 Section 2(f)

 Vacations shall tot be aacumuUted or carried over from one vacation year to another.

 Section 3.

 Except as otherwise provided herein this vacation rule shall be effective as of January 1, 1961 and shall be in full force and effect for a period of two years from January 1, 1961 and continue in effect thereafter, subject to not less than seven months' notice in writing (which notice may be served in 1962 or in arW subsequent year), by any carrier or organisation party hereto, of desire to channe this rule as of the end of the year in which the notice is served. Such notice shall specify the changes desired and the recipient of such notice shall then have a period of thirty days from the date of the recept of such notice within which to serve notice specifying changes which it or they desire to mks. Thereupon such proposals of the respective parties shall thereafter be negotiated and progressed concum-ently to a conclusion. When such notice is served, the proceedings shall be under the prowisiona of the Railway Tabor Act.